· 6/9/1998
In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn Hornsby
Citations
- 144 F.3d 433
- 40 Collier Bankr. Cas. 2d 313
- 1998 U.S. App. LEXIS 12082
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that bankruptcy courts may partially discharge student debt absent undue hardship where debtor establishes “oppressive financial circumstances”
- holding that debtors “need not live in abject poverty before a discharge is forthcoming”
- holding that partial discharges are contrary to plain language of statute
- observing that debtors “need not live in abject poverty before a discharge is forthcoming”
- stating bankruptcy court has power to take action short of total discharge under 11 U.S.C. § 105(a)
- applying clearly erroneous standard of review to factual findings underlying \undue hardship\ determination, which court reviews de novo
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Siler, Cohn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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